1、350 49 CFR Ch. III (10110 Edition) Pt. 391 equipment providers that was in effect on January 1, 2005, shall remain in ef-fect only until June 17, 2009. (2) Nonpreemption determinations(i) In general. Pursuant to 49 U.S.C. 31151(e)(2), and notwithstanding para-graph (a) of this section, a State re-qu
2、irement described in paragraph (b)(1) of this section is not preempted if the Administrator determines that the State requirement is as effective as the FMCSA final rule and does not unduly burden interstate commerce. (ii) Application required. Paragraph (b)(2)(i) of this section applies to a State
3、requirement only if the State ap-plies to the Administrator for a deter-mination with respect to the require-ment before the effective date of the final rule (June 17, 2009). The Adminis-trator will make a determination with respect to any such application within 6 months after the date on which the
4、 Administrator receives the application. (iii) Amended State requirements. If a State amends a regulation for which it previously received a nonpreemption determination from the Administrator under paragraph (b)(2)(i) of this sec-tion, it must apply for a determination of nonpreemption for the amend
5、ed reg-ulation. Any amendment to a State re-quirement not preempted under this subsection because of a determination by the Administrator may not take ef-fect unless it is submitted to the Agen-cy before the effective date of the amendment, and the Administrator de-termines that the amendment would
6、not cause the State requirement to be less effective than the FMCSA final rule on Requirements for Intermodal Equipment Providers and Motor Car-riers and Drivers Operating Intermodal Equipment and would not unduly bur-den interstate commerce. PART 391QUALIFICATIONS OF DRIVERS AND LONGER COM-BINATION
7、 VEHICLE (LCV) DRIVER INSTRUCTORS Subpart AGeneral Sec. 391.1 Scope of the rules in this part; addi-tional qualifications; duties of carrier- drivers. 391.2 General exceptions. Subpart BQualification and Disqualification of Drivers 391.11 General qualifications of drivers. 391.13 Responsibilities of
8、 drivers. 391.15 Disqualification of drivers. Subpart CBackground and Character 391.21 Application for employment. 391.23 Investigation and inquiries. 391.25 Annual inquiry and review of driving record. 391.27 Record of violations. Subpart DTests 391.31 Road test. 391.33 Equivalent of road test. Sub
9、part EPhysical Qualifications and Examinations 391.41 Physical qualifications for drivers. 391.43 Medical examination; certificate of physical examination. 391.45 Persons who must be medically exam-ined and certified. 391.47 Resolution of conflicts of medical evaluation. 391.49 Alternative physical
10、qualification standards for the loss or impairment of limbs. Subpart FFiles and Records 391.51 General requirements for driver qual-ification files. 391.53 Driver investigation history file 391.55 LCV Driver-Instructor qualification files. Subpart GLimited Exemptions 391.61 Drivers who were regularl
11、y employed before January 1, 1971. 391.62 Limited exemptions for intra-city zone drivers. 391.63 Multiple-employer drivers. 391.64 Grandfathering for certain drivers participating in vision and diabetes waiv-er study programs. 391.65 Drivers furnished by other motor car-riers. 391.67 Farm vehicle dr
12、ivers of articulated commercial motor vehicles. 391.68 Private motor carrier of passengers (nonbusiness). 391.69 Private motor carrier of passengers (business). 391.71 Reserved AUTHORITY: 49 U.S.C. 322, 504, 508, 31133, 31136, and 31502; sec. 4007(b) of Pub. L. 102240, 105 Stat. 2152; sec. 114 of Pu
13、b. L. 103311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106159, 113 Stat. 1767; and 49 CFR 1.73. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking per
14、mitted without license from IHS-,-,-351 Federal Motor Carrier Safety Administration, DOT 391.11 SOURCE: 35 FR 6460, Apr. 22, 1970, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 391 appear at 66 FR 49873, Oct. 1, 2001. Subpart AGeneral 391.1 Scope of the rules in this part; add
15、itional qualifications; duties of carrier-drivers. (a) The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifica
16、tions of their drivers. (b) A motor carrier who employs himself/herself as a driver must comply with both the rules in this part that apply to motor carriers and the rules in this part that apply to drivers. 35 FR 6460, Apr. 22, 1970, as amended at 53 FR 18057, May 19, 1988; 60 FR 38744, July 28, 19
17、95 391.2 General exceptions. (a) Farm custom operation. The rules in this part do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person en-gaged in custom-harvesting operations, if the commercial motor vehicle is used to (1) Transport farm machinery, sup-pli
18、es, or both, to or from a farm for custom-harvesting operations on a farm; or (2) Transport custom-harvested crops to storage or market. (b) Apiarian industries. The rules in this part do not apply to a driver who is operating a commercial motor vehi-cle controlled and operated by a bee-keeper engag
19、ed in the seasonal trans-portation of bees. (c) Certain farm vehicle drivers. The rules in this part do not apply to a farm vehicle driver except a farm vehi-cle driver who drives an articulated (combination) commercial motor vehi-cle, as defined in 390.5. (For limited exemptions for farm vehicle dr
20、ivers of articulated commercial motor vehicles, see 391.67.) 36 FR 24219, Dec. 22, 1971, as amended at 37 FR 26112, Dec. 8, 1972; 54 FR 12202, Mar. 24, 1989; 60 FR 38745, July 28, 1995; 61 FR 13346, Mar. 26, 1996; 61 FR 17253, Apr. 19, 1996 EFFECTIVE DATE NOTE: At 75 FR 59135, Sept. 27, 2010, 391.2
21、was revised, effective Oc-tober 27, 2010. For the convenience of the user, the revised text is set forth as follows: 391.2 General exceptions. (a) Farm custom operation. The rules in this part except for 391.15(e) do not apply to a driver who drives a commercial motor vehi-cle controlled and operate
22、d by a person en-gaged in custom-harvesting operations, if the commercial motor vehicle is used to (1) Transport farm machinery, supplies, or both, to or from a farm for custom-har-vesting operations on a farm; or (2) Transport custom-harvested crops to storage or market. (b) Apiarian industries. Th
23、e rules in this part except for 391.15(e) do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a bee-keeper engaged in the seasonal transpor-tation of bees. (c) Certain farm vehicle drivers. The rules in this part except for 391.15(e) do not apply to a farm
24、 vehicle driver except a farm vehicle driver who drives an articulated (combina-tion) commercial motor vehicle, as defined in 390.5. For limited exemptions for farm vehicle drivers of articulated commercial motor vehicles, see 391.67. Subpart BQualification and Disqualification of Drivers 391.11 Gen
25、eral qualifications of driv-ers. (a) A person shall not drive a com-mercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in 391.63, a motor carrier shall not require or per-mit a person to drive a commercial motor vehicle unless that person is qual
26、ified to drive a commercial motor vehicle. (b) Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she (1) Is at least 21 years old; (2) Can read and speak the English language sufficiently to converse with the general public, to understand high-way tra
27、ffic signs and signals in the English language, to respond to official VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license fro
28、m IHS-,-,-352 49 CFR Ch. III (10110 Edition) 391.13 inquiries, and to make entries on re-ports and records; (3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/ she drives; (4) Is physically qualified to drive a commercial motor vehicle in acco
29、rd-ance with subpart EPhysical Quali-fications and Examinations of this part; (5) Has a currently valid commercial motor vehicle operators license issued only by one State or jurisdiction; (6) Has prepared and furnished the motor carrier that employs him/her with the list of violations or the cer-ti
30、ficate as required by 391.27; (7) Is not disqualified to drive a com-mercial motor vehicle under the rules in 391.15; and (8) Has successfully completed a driv-ers road test and has been issued a cer-tificate of drivers road test in accord-ance with 391.31, or has presented an operators license or a
31、 certificate of road test which the motor carrier that employs him/her has accepted as equiv-alent to a road test in accordance with 391.33. 35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 35 FR 19181, Dec. 18, 1970; 36 FR 222, Jan. 7, 1971, 36 FR 24220, Dec. 22, 1971; 45 FR 464
32、24, July 10, 1980; 52 FR 20589, June 1, 1987; 59 FR 60323, Nov. 23, 1994; 60 FR 38744, 38745, July 28, 1995; 63 FR 33276, June 18, 1998 391.13 Responsibilities of drivers. In order to comply with the require-ments of 392.9(a) and 393.9 of this subchapter, a motor carrier shall not require or permit
33、a person to drive a commercial motor vehicle unless the person (a) Can, by reason of experience, training, or both, determine whether the cargo he/she transports (including baggage in a passenger-carrying com-mercial motor vehicle) has been prop-erly located, distributed, and secured in or on the co
34、mmercial motor vehicle he/she drives; (b) Is familiar with methods and pro-cedures for securing cargo in or on the commercial motor vehicle he/she drives. 63 FR 33277, June 18, 1998 391.15 Disqualification of drivers. (a) General. A driver who is disquali-fied shall not drive a commercial motor vehi
35、cle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle. (b) Disqualification for loss of driving privileges. (1) A driver is disqualified for the duration of the drivers loss of his/ her privilege to operate a commercial motor vehicle on pub
36、lic highways, ei-ther temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operators license, permit, or privilege, until that operators license, permit, or privilege is restored by the authority that re-voked, suspended, withdrew, or denied it. (2) A driv
37、er who receives a notice that his/her license, permit, or privi-lege to operate a commercial motor ve-hicle has been revoked, suspended, or withdrawn shall notify the motor car-rier that employs him/her of the con-tents of the notice before the end of the business day following the day the driver re
38、ceived it. (c) Disqualification for criminal and other offenses(1) General rule. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disquali-fying offense specified in paragraph (c)(2) of this section is disqualified for the period of time specified in para-graph (c)(3)
39、 of this section, if (i) The offense was committed during on-duty time as defined in 395.2(a) of this subchapter or as otherwise speci-fied; and (ii) The driver is employed by a motor carrier or is engaged in activi-ties that are in furtherance of a com-mercial enterprise in interstate, intra-state,
40、 or foreign commerce; (2) Disqualifying offenses. The fol-lowing offenses are disqualifying of-fenses: (i) Driving a commercial motor vehi-cle while under the influence of alco-hol. This shall include: (A) Driving a commercial motor ve-hicle while the persons alcohol con-centration is 0.04 percent o
41、r more; (B) Driving under the influence of al-cohol, as prescribed by State law; or VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted withou
42、t license from IHS-,-,-353 Federal Motor Carrier Safety Administration, DOT 391.15 (C) Refusal to undergo such testing as is required by any State or jurisdic-tion in the enforcement of 391.15(c)(2)(i) (A) or (B), or 392.5(a)(2). (ii) Driving a commercial motor vehi-cle under the influence of a 21 C
43、FR 1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphet-amine, or a derivative of a narcotic drug; (iii) Transportation, possession, or unlawful use of a 21 CFR 1308.11 Sched-ule I identified controlled substance, amphetamines, narcotic drug
44、s, formu-lations of an amphetamine, or deriva-tives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in 395.2 of this subchapter; (iv) Leaving the scene of an accident while operating a commercial motor vehicle; or (v) A felony involving the use of a commercial moto
45、r vehicle. (3) Duration of disqualification(i) First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an
46、offense that would dis-qualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the con-viction or forfeiture of bond or collat-eral soley concerned the transportation or possession of substances named in paragraph (c)(2)(iii) of this section. (ii)
47、 Subsequent offenders. A driver is disqualified for 3 years after the date of his/her conviction or forfeiture of bond or collateral if, during the 3 years pre-ceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would dis-qualify him/her under
48、 the rules in this section. (d) Disqualification for violation of out- of-service orders(1) General rule. A driver who is convicted of violating an out-of-service order is disqualified for the period of time specified in para-graph (d)(2) of this section. (2) Duration of disqualification for vio-lat
49、ion of out-of-service orders(i) First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order. (ii) Second violation. A driver is dis-qualified for not less than one year nor more than five years if, during any 10- year period, the driver is convicted of two violations of out-of-service orders in separate incidents
